Tuesday, August 30, 2022

See The Corruption Inherent in the System!

 Gibson's v. Oberlin verdicts and findings stand.   The four corrupt (IMO) Republicans on the Ohio Supreme Court were happy to let the travesty of a fucked up and bullshit trial verdict stand, and the three Democrats wanted to hear the matter.  

I will not go long.  There is a pretty good law review article that well explains exactly how the trial judge fucked up.  Specifically, the judge committed error in his handling of the racist statement is defamation part.  He mis applied the case law very badly.  And in my mind, the judge basically went way the fuck out of his way to decide the issue out of his own biases.  I really do not think this was mere incompetence.  This was flat out desired outcome driven judging.  That is how I see it.  

See The Corruption Inherent in the System!  It's people.  And it is a review system that is not only inadequate at the task of fixing errors.  It's not even dedicated to that task.


Oh.  For the record.  If the judge followed the law and applied it properly, and kept this bag of shit away from a jury?  Remove the pre trial finding that use of the word racist and related implications was defamatory, and there is no rest of the case.  Zip.  Snot.  Bupkis.  Whether or not a mere allegation of simple assault justifies a defamation case, per se or per quod?  There was a physical altercation involving the people  in the original incident.  So that doesn't really fly. Claiming the allegation of simple assault suffices where there actually was a fight of sorts, that would have been bullshit, and legal error as well.  If memory serves me correctly, the appellate judge at the intermediary court tried to spin it as if that would fly.  Total bullshit underthis fact pattern.

In many US states,  this bag of shit case would not have lasted past a motion to dismiss.  Ohio's definition of defamation per se is more vague and permissive than most states.  But even their prior caselaw says  this shit should not have ended with a verdict in favor of the plaintiffs.  But like I said, four Republicans rubber stamped the underlying errors. I have been a lawyer for over 30 years.  This isn't the first time I saw judges  rubber stamp obvious underlying errors.  I know it is not only done by Republicans.  But I do believe Republican judges tend to be corrupt as default.  Or at least, are more likely to put political and cultural biases ahead of other considerations.

Oh. The original trial judge is a Democrat, if memory serves.   I can't accuse him of being a partisan, but he definite has some issues that drove his errors.  Whatever.  The Forces of Evil won this round.



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